The content of this article presents the entities eligible to open checking accounts and guidance on the use of checking accounts opened at State Bank of Vietnam based on current legal regulations.
Latest guidance on the use of checking accounts opened at State Bank of Vietnam (Image from the Internet)
Article 7 of Circular 17/2024/TT-NHNN stipulates the entities eligible to open checking accounts at State Bank of Vietnam as follows:
- The State Bank of Vietnam's Transaction Office opens checking accounts for the following organizations:
+ Credit institutions (head office);
+ Branches of foreign banks in Vietnam;
+ Central State Treasury;
+ Other organizations as stipulated in Clause 2 of Article 13 of Decree 52/2024/ND-CP, including:
++ Central banks of other countries,
++ Foreign banks,
++ International monetary organizations,
++ International banks according to international treaties and agreements that Vietnam is a member. In cases where Vietnam is not yet a member, the opening of payment accounts is implemented according to the decision of the Prime Minister.
- The State Bank of Vietnam branches in provinces and centrally run cities (hereinafter referred to as the State Bank branches) open checking accounts for the Provincial and District State Treasuries, credit institutions, and branches of foreign banks in their respective areas.
Article 9 of Circular 17/2024/TT-NHNN guides the use of checking accounts opened at State Bank of Vietnam as follows:
- checking accounts opened at the State Bank of Vietnam are used for depositing, withdrawing cash, issuing checks, accounting, tracking, and executing payment orders through payment systems organized and operated by the State Bank, individual payments through the checking account, and other payment services provided by the State Bank.
- checking accounts of credit institutions and branches of foreign banks opened at the State Bank of Vietnam's Transaction Office are used to execute payment transactions when participating in open market operations, trading transferable instruments, Government bonds, Treasury bills, State Bank bills, and other activities as stipulated by law.
- The State Bank of Vietnam's Transaction Office and branches have the following rights and responsibilities:
+ Proactively debit the customer's checking account in the following cases:
++ Collect due, overdue debts, interest, and fees arising during the management of payment accounts and provision of payment services as stipulated by the State Bank;
++ Adjust misposted items, accounting errors, or items that do not match the nature of the transactions stipulated by law;
++ When discovering an erroneous credit entry to the customer's payment account or upon request for cancellation/return of the credit transfer order by the payment service provider for the transferring party when errors are detected compared to the payer's order;
++ As required in writing by competent authorities for the enforcement of administrative penalty decisions, enforcement of judgments, tax collection, or other payment obligations as stipulated by law.
+ Refuse to execute the account holder's payment orders in the following cases:
++ The payment order is not legal or valid;
++ The account holder does not fulfill the required payment procedures, or the payment order does not match the registered elements in the account opening dossier at the State Bank;
++ The payment account lacks sufficient balance;
++ Upon written request by a competent authority as stipulated by law.
+ Store and promptly update full documentation, information, and data in the account opening dossier, including signature samples, seal samples (if any) of the account-opening organization for inspection and comparison during account use;
+ Provide information on payment transactions and account balances to the account-opening organizations at the State Bank for inspection and comparison.
- The State Treasury, credit institutions, and branches of foreign banks opening checking accounts at the State Bank have the following rights and responsibilities:
+ Use the balance on their checking accounts to execute legal and valid payment orders;
+ Choose and use payment instruments, services, and conveniences provided by the State Bank;
+ Request the State Bank's Transaction Office and branches where the checking accounts are opened to execute legal and valid payment orders and provide information on payment transactions and account balances.
+ Provide full, accurate, and timely documents, information, and data in the account opening dossier and other information as required by the State Bank's Transaction Office and branches where the checking accounts are opened;
+ The State Treasury, credit institutions, and branches of foreign banks shall send notifications on changes to checking account information to the State Bank's Transaction Office and branches where the checking accounts are opened as per Appendix No. 01 issued with Circular 17/2024/TT-NHNN;
Appendix No. 01 |
+ Be liable for any risks arising from providing, updating information that is not full, accurate, and timely, and any damages caused by their own errors.
To Quoc Trinh
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